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Obama’s State of the Union light on LGBT issues

President criticized for neglecting ENDA, executive order for non-discrimination

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State of the Union, 2014, Barack Obama, United States House of Representatives, United States Senate, U.S. Congress, gay news, Washington Blade

President Obama was criticized by LGBT advocates over his State of the Union address. (Washington Blade photo by Michael Key)

President Obama had few words in his State of the Union speech Tuesday night on LGBT issues, disappointing many advocates who had wanted him to address the lack of federal non-discrimination protections for LGBT people.

Devoting a large portion of his speech to income inequality, Obama called on Congress to pass other initiatives — such as a Voting Rights Act, a measure to ensure equal pay for women and immigration reform — and pledged to sign an executive order raising the minimum wage to $10.10 an hour for federal contractors.

“In the coming months, let’s see where else we can make progress together,” Obama said. “Let’s make this a year of action. That’s what most Americans want: for all of us in this chamber to focus on their lives, their hopes, their aspirations.”

LGBT advocates had been pushing Obama to include in his speech a call to pass the Employment Non-Discrimination Act and a pledge to sign an executive order barring federal contractors from discriminating against LGBT workers.

Obama’s continued decision to withhold the LGBT executive order became more pronounced after he promised during his speech to take executive action if Congress doesn’t pass legislation, and enumerated a specific plan to boost the minimum wage through executive order. That raised questions about why he hasn’t done the same for LGBT workers.

“What I offer tonight is a set of concrete, practical proposals to speed up growth, strengthen the middle class, and build new ladders of opportunity into the middle class,” Obama said. “Some require congressional action, and I am eager to work with all of you. But America does not stand still — and neither will I. So wherever and whenever I can take steps without legislation to expand opportunity for more American families, that’s what I’m going to do.”

But Obama’s speech wasn’t completely devoid of references to the LGBT community. The president identified marriage equality as one of those issues with which the White House is partnering with “mayors, governors and state legislatures” on throughout the country.

Further, he said the administration pursues a robust foreign policy because “we believe in the inherent dignity and equality of every human being” regardless of categories like sexual orientation. Obama also said America values “equality under law” in his speech, which is of importance as courts decide the issue of marriage equality.

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President Barack Obama, Vice President Joe Biden and Speaker of the House John Boehner at the 2014 State of the Union Address. (Washington Blade photo by Michael Key)

Nonetheless, the speech fell short of what LGBT advocates were calling for, prompting disappointment.

Chad Griffin, president of the Human Rights Campaign, responded to the president’s failure to address LGBT issues in his speech with criticism, a striking change in tone from the organization’s usual praise of Obama as a strong ally.

“The president’s message tonight failed to address the needs of LGBT workers looking for a fair shake in this economy,” Griffin said. “Not only was there no call for the House to pass a federal law to protect LGBT workers nationwide, President Obama also sidestepped his commitment to take action where Congress has left off, leaving out an order prohibiting discrimination by federal contractors.”

Griffin added Obama “missed a real opportunity” to commit in the State of the Union to “executive action to address anti-LGBT discrimination for the millions of Americans employed by federal contractors.”

The absence of ENDA was particularly noteworthy because just months ago, for the first time in history, the Senate approved the measure on a bipartisan basis, leaving the House as the only obstacle toward passage.

Although the president made no mention of ENDA during his speech, the White House included the legislation as part of a fact sheet distributed to reporters prior to the address, identifying LGBT non-discrimination as an issue on which the administration is “continuing to work with Congress.”

“Today, federal law prohibits employment discrimination based on race, sex, religion, and disability,” the fact sheet states. “It’s time to add sexual orientation and gender identity to that list, so that no American worker can lose his or her job simply because of who they are or who they love. ”

After noting that the Senate last year passed ENDA by a bipartisan vote, the fact sheet says Obama “renews his call for the House to do the same.”

Other advocates said they would continue to push Obama on the executive order despite the president’s exclusion of the directive from the State of the Union address.

Tico Almeida, president of Freedom to Work, said Obama’s pledge to issue an executive order on minimum wage was “great news” because it means there’s an opportunity for Obama to sign an executive order against LGBT discrimination.

“It’s disappointing ENDA did not make it into the State of the Union,” Almeida said. “But no matter what was omitted from this one address, we can still make 2014 a year of action for LGBT workplace protections by pushing the House of Representatives to allow an ENDA vote and pushing the president to keep his promise of the federal contractor executive order.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, gave Obama mixed reviews after previously calling on him to use the word “transgender” and address immigration reform during his speech in addition to LGBT workplace protections.

“The president is right to urge Congress to fix our broken immigration system this year, the creation of more jobs, equal pay for women, and the restoration of the Voting Rights Act,” Carey said. “We are also pleased that the president is using his pen like he said he would to move things forward: in this instance by signing an executive order to increase the minimum wage for federal contract workers. However, he must go further and sign an executive order that bans discrimination against the same contract workers who are LGBT.”

Carey noted some of the workers who are set to receive pay raises because of the minimum wage executive order are vulnerable without the executive order for LGBT workplace non-discrimation.

“The irony is that some LGBT federal contract workers will get a pay raise but they could still be fired for who they are and who they love,” Carey said. “The longer the president waits the more damage LGBT people will face; discrimination is a painful reality that is too often the lived experience of LGBT people. The president has to act when Congress won’t.”

Gregory Angelo, executive director of the Log Cabin Republicans, took issue with the speech as a whole, not simply for Obama’s handling of workplace issues.

“For a moment, I thought the news accidentally re-ran last year’s State of the Union, because all I really saw was more of the same,” Angelo said. “In the midst of a stagnant economy, understated unemployment, and ballooning debt, the only new ideas presented by the president involved using ‘a pen and a phone’ to push a liberal agenda for which hard-working Americans have no appetite.”

Coming off a victory in which Rep. Michael Grimm (R-N.Y.) agreed to sign on as a co-sponsor of ENDA, Angelo also criticized Obama for his lack of attention in the State of the Union to LGBT non-discrimination in the workforce.

“While the president’s calls for a more equal nation are welcome, there is a profound irony in the absence of any mention of the Employment Non-Discrimination Act for LGBT workers tonight, and likewise in the president’s threat to exercise unilateral executive actions with the explosive potential to ignite class warfare, while at the same time remaining silent on signing a common-sense Executive Order barring federal workplace discrimination: an empty promise to LGBT Americans that stands unfulfilled after six years,” Angelo said.

Shin Inouye, a White House spokesperson, defended the speech by saying it wasn’t “a comprehensive list of all of the president’s positions or priorities. ”

“The president has long supported ENDA, and its inclusion in our fact sheet reflects the president’s belief that Congress needs to act,” Inouye said.

Among the guests seated behind first lady Michelle Obama in her box during the speech was Jason Collins, a former Washington Wizards center who made headlines last year after coming out as gay.

Following the speech, lawmakers who spoke to the Washington Blade on Capitol Hill said they noted the absence of ENDA in his speech, but felt assured by the president’s leadership.

Del. Eleanor Holmes Norton (D-D.C.) said she thinks the minimum wage executive order will be a “down payment” on an LGBT directive the president will issue at a later time, but took issue with the lack of any mention of ENDA.

“I would love to have seen a mention, and I don’t think I saw, other than a passing mention of the LGBT community,” Norton said. “I think the way to have done it, frankly, would have been with ENDA, because ENDA is overwhelmingly supported by the American people. It’s already been supported by the Senate. It’s ripe, so I am disappointed that that did not occur, but I’m heartened that he’s going to move, and, frankly, I think we can get ENDA out of here in the next year or two.”

Rep. Mark Takano (D-Calif.), one of seven openly gay members of the U.S. House, said he was confident Obama would take executive action to protect LGBT workers based on his previous actions.

“I tell you, 2013 was one of the gayest years in the history of human kind, and this president has used his executive orders already in how he’s interpreted the Supreme Court decisions, the way he’s applied in the ruling in the Windsor case, in ways that have been very favorable,” Takano said. “He’s done that through executive orders and interpretations, so he’s already used his executive order in the gayest way possible. So, I have hope that he’ll continue to do so.”

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Rep. Mark Takano (D-Calif.) at the 2014 State of the Union Address. (Washington Blade photo by Michael Key)

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Florida

Comings & Goings

Gil Pontes III named to Financial Advisory Board in Wilton Manors

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Gil Pontes III

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”

Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.

Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.

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Kansas

ACLU sues Kansas over law invalidating trans residents’ IDs

A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.

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A transgender flag flies in front of the Supreme Court. (Washington Blade file photo by Michael Key)

Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.

Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.

According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.

House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.

Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.

The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.

Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.

State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”

“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”

“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”

“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”

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National

After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast

Top editorial staff let go last week

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Cover of The Advocate for January/February 2026.

Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.

Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.

Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”

The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.

Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.  

“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”

It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.

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